Waldorf, MD White Collar Criminal Defense Attorneys: The Crime of Embezzlement
In Maryland, embezzlement is a specific type of theft. The elements of the crime involve the typical elements of theft, but also involve proof of a fiduciary relationship between the owner of the money (or other valuable property taken) and the alleged embezzler. If you have been charged (or think you will be charged) with embezzlement in Maryland, call the experienced and courtroom-proven Maryland white-collar criminal defense lawyers at the Law Office of Robert Castro. Call us at (301) 705-5137. We are available around the clock, 24/7, and have offices in Waldorf, Maryland.
To obtain a conviction for embezzlement, the Maryland prosecuting attorneys must prove the elements of theft. These are:
- Taking money or something of value from the owner
- Without the owner’s consent or through fraud or deceit
- With intent
- And the intent to permanently deprive the owner of the money or the thing of value
To prove embezzlement, two additional elements must be proven:
- A fiduciary relationship existed between the accused and the owner of the money/property and
- Abuse of that relationship to the benefit of the accused
In general terms, a “fiduciary relationship” is one involving a person giving another authority in a situation of trust and loyalty. A trust relationship is a good example. Suppose one person creates a trust and deposits $100,000 into the trust and expects the trust to be managed for the education and benefit of the person’s minor children. The person who created the trust appoints a person called a trustee. The trustee has a fiduciary relationship with the person who created the trust. The trustee is supposed to invest the money in the trust and spend the money on tuition and other education costs for the children. This is a position of trust and loyalty.
However, if the trustee abuses that relationship and siphons off some of the money, then the trustee has breached his or her fiduciary duty and has also committed embezzlement.
Criminal Defenses Against Charges of Embezzlement
Depending on the case, there may be several potential defenses to charges of embezzlement. One of the most common is probably the defense of “mistake.” Remember that the taking of the money or property must be done with intent and without the consent of the owner. It may be accurate to show that the accused had a mistaken belief that they were entitled to take the money/property. Further, it may be argued that the accused had the authority to take the money/property. Authority is a form of consent and can be explicit authority or implied authority. If, for example, the accused charged “fees” for various services over several months or years and sent copies of the bills to the owner of the money/property, and the owner never complained or objected to the fees, an argument can be made that the fees were authorized implicitly.
In any event, depending on the case, it may actually be difficult for the prosecutors to prove that the money or property was actually taken. Embezzlement cases typically involve voluminous financial documents and it may not be clear at all that money or property was taken. It also may be argued that there was no fiduciary relationship involved. That would be a solid criminal defense in Maryland.
Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
